1. Office of the State Fire Marshal Pipeline Safety Division
AB 864
Oil Spill Response:
Environmentally And Ecologically Sensitive Areas
January 10, 2017
RRT-IX
San Diego
Office of the State Fire Marshal Pipeline Safety Division
2017

2. Overview Purpose Of The Public Workshops Background AB 864 Legislation
Draft Regulation Development
Public Comments
2017

3. Purpose Of The Public Workshops
The purpose of public workshops is to provide the public an opportunity to comment on proposed regulatory language and solicit input on:
Alternatives to the current draft approach
Comments, suggestions, or recommendations on regulatory language that better protect environmentally and ecologically sensitive areas (EESA) in the coastal zone
Economic impacts to pipeline operators
Economic impacts to California
The first public workshop for AB 864 regulations was held on January 5th, 2017.
2017

4. Background
In May 2015 an oil spill at Refugio Beach in Santa Barbara County spilled over 100,000 gallons of crude oil and impacted over 25 miles of coastline and ocean water.
The impacts from the spill were devastating both environmentally and economically.
2017

5. AB 864 Requirements
By January 1, 2018 – Any new or replacement pipeline near EESAs in the coastal zone shall use best available technologies (BAT) to reduce the amount of oil released in an oil spill to protect state waters and wildlife.
By July 1, 2018 – An operator of an existing pipeline near EESAs in the coastal zone shall submit a plan to retrofit the pipeline by January 1, 2020, with BAT.
2017

6. AB 864 Requirements Cont.
The OSFM shall adopt regulations by July 1, The regulations shall include, but not be limited to, all of the following:
A definition of automatic shutoff systems.
A process to assess the adequacy of the operator’s risk analysis.
A process by which an operator may request confidential treatment of information contained in their plan to retrofit or contained in a risk analysis.
A determination of how near to an EESA a pipeline must be to be subject to the requirements of the regulations.
2017

7. AB 864 Requirements Cont. 2017 Notice
An operator of a pipeline near EESAs in the coastal zone shall notify the OSFM of any new construction or retrofit of pipeline.
Consultation
The OSFM shall consult with the Office of Spill Prevention and Response (OSPR) about the impacts to state water and wildlife.
Definitions and Terms (provided in the legislation):
“Environmentally and ecologically sensitive area” is the same term as described in Cal. Govt. Code section (d).
“Best available technology” means technology that provides the greatest degree of protection by limiting the quantity of release in the event of a spill, taking into consideration whether the processes are currently in use and could be purchased anywhere in the world.
The OSFM shall determine what is BAT and shall consider the effectiveness and engineering feasibility of the technology when making this determination.
“Oil” means hazardous liquid as defined in Section of Title 49 of the Code of Federal Regulations.
2017

8. In Developing The Draft Regulations…
The OSFM created a stakeholder workgroup comprised of non-governmental organizations, local government, and industry. The workgroup met regularly since January 2016 to:
Define terms
Identify applicable standards
Create guidance on operator risk analysis and considerations contained therein
Identify a process to assess risk analysis and selection of best available technology
Set forth testing requirements following completion of implementing BAT
Provide a process for requesting confidential treatment of information in a risk analysis or plan
The OSFM also consulted with OSPR about the potential impacts to state water and wildlife, and to identify EESAs in the coastal zone as described in Cal. Govt. Code section (d).
2017

13. Additional Workshop Schedule
Two additional public workshops are scheduled for the following dates and locations:
Santa Barbara County
Thursday February 2, 2017
4pm – 6pm
105 E. Anapamu St. – Board Meeting Room 4th Floor
Santa Barbara, CA 93101
City of Long Beach Gas and Oil Department
Thursday February 16, 2017
3pm – 5pm
2400 E. Spring Street
Long Beach, CA 90806
2017

14. Public Comment
Webcast participants can submit comments electronically during the workshop.
Postal Mail: Daniel Hastert, Associate Governmental Program Analyst
CAL FIRE-Office of the State Fire Marshal
Pipeline Safety Division
3950 Paramount Boulevard, Suite 210
Lakewood, California 90712
Note: Under the California Public Records Act, your written and oral comments, attachments, and associated contact information (e.g. your address, phone, . Etc.) become part of the public records and may be released to the public upon request.
2017

15. Contacts And Resources
Please check this web address for updates to draft regulation language and related documents:
If you have not already signed up for upcoming workshop notifications, please contact Daniel Hastert via at
For questions about public workshops or about the draft AB 864 regulations, please contact the following:
Ben Ho
Pipeline Safety Engineer
(916)
Doug Allen
Supervising Pipeline Safety Engineer
(916)
2017